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Child Custody Child Support Child Visitation Collaborative Law Divorce Family Law

Coparenting: There’s an App for That!

With all the technology we have these days, you’d have thought we would have figured out absolutely everything. And maybe we have! Turns out, there are a number of apps that have been created to make co-parenting much easier.

Coparenting: There’s an App for That!

Below is a list of apps that were designed to help with co-parenting situations:

Our Family Wizard has an all-in-one calendar, expense view, and parenting agreements.

2 Houses was built for split houses – where children swap from house to house. This app allows co-parents to share photos, videos, as well as manage children’s expenses and co-parenting schedules so everyone’s on the same page.

If you’re dealing with a hard time communicating with your ex, the Coparently app creates an easy-to-use calendar, a way to track shared expenses, and also a place to keep contact information. Kids can be added for their communication ease without going between parents.

Cozi allows for parents to share calendar pages, and provides users with separate kids’ calendars so they can share with their co-parents, too.

Custody Exchange allows for co-parents to create a shared custody calendar.

Talking Parents is an online system-of-record for co-parents for couples that need proof of communication between parties in an effort to prevent further conflict or misunderstanding that may affect custody agreements or the children.

Learning to Co-Parent

The key to establishing a good co-parenting relationship is to remember that your kids are part you and part your ex-spouse. And hopefully this realization will help you manage those angry, frustrated, and sad emotions.

Managing Emotions

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“The biggest obstacles to successful co-parenting are emotions,” says Alisa Peskin-Shepherd, principal of Transitions Legal, a family law practice that specializes in mediative divorce. “Emotional obstacles are usually anger, resentment and jealousy. Often parents have a hard time separating those feelings toward their former spouse from their attempt to focus on their children.”

The idea of focusing on your children might seem obvious, but that can be really difficult when you receive that text from your ex that makes you want to throw your phone directly into their face. There are some tips that can help though! Here are some tips from parents who have actually found the magic combination to a successful (meaning they don’t completely resent each other) co-parenting situation.

Building a Successful Co-Parenting Situation

Give Yourself a  ‘Timeout’

“Take time to reflect on how your behavior and your decisions are affecting your child,” says Peskin-Shepherd. “Especially where there is constant disagreement, try to accept that you are not going to change the other person and find a way to make something work without being dependent on the other parent’s response.”

If you are not able to give yourself a timeout, and find that you are still stewing about conversing with your ex, consult a “co-parenting coordinator,” attorney or counselor – with or without your ex-spouse. This objective third party can be a great sounding board for ironing out your co-parenting relationship.

“Our expectations that two people who didn’t get along when they are married will suddenly be able to co-parent without some help is not reasonable,” Peskin-Shepherd says.

According to Alison Willet, a Birmingham resident and psychologist who has worked with high-conflict divorce, it is crucial for ex-spouses to heal fully from the pain that stems from their divorce if they plan to find a way to co-parent effectively.

The mother of three daughters and two step-daughters goes on to say, “People going through divorce need to take the necessary time to grieve the end of this major relationship and remember that at one time, they loved or cared about the other parent. When parents are psychologically intact, it will be easier for them to put the needs of their children first.”

Play to Your Ex’s Strengths (This Might Be Very Difficult)

By now you know what your ex is good and and what they’re not so good at. So play fair when it comes to your kids and your ex’s abilities.

“You probably know your ex-spouse better than anyone else,” says Chris Tucker, father of Finn, 9, and Simon, 7, and step-dad to Lucas, 6. “Play to those strengths – not in a manipulative way, but in a spirit of making the best use of one another’s talents.”

Tucker’s situation is: he has his boys two-thirds of the year; their mother visits monthly from Virginia. She also takes them over school breaks and summer. Tucker, his wife, his ex-wife, and her husband all work as a unit to parent the children.

“We like to think of ourselves – Colleen, her husband, my wife and I – as members of a family ecosystem,” says Tucker. “This means that everyone involved is invested in and accountable for raising our kids, and it goes a long way in building trust and mutual respect.”

Commit to Cooperating

This can be the hardest part of a co-parenting relationship – cooperating.

According to mother Shaindle Braunstein-Cohen, “Effective co-parenting does not require friendship, but it does require cooperation.”

“My ex and I get along when we have contact, but we never have contact outside of our son,” she says. “When my son wanted to show his dad his new room in our new home, he did. Successful co-parenting involves only one thing: loving your child more than you hate your ex.”

When her ex moved out-of-state, Braunstein-Cohen gained full custody of her 14-year-old Seth.  When he wants to see his dad or vice versa, both her and Seth’s father to make it happen. “Sure, that meant I had many holidays without him, but it wasn’t about me,” she says.

You can’t keep living in the past either.

“The kids can become an obsession, a club to beat your ex over the head with,” says Braunstein-Cohen. “You can’t live in the past, and you also can’t live in the future. Just live in the now. The moment is here; it’s what you’ve got. Make the best of it.”

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Get it in Writing

Peskin-Shepherd advises parents to put everything in writing. That means that all plans and agreements should be kindly communicated to the other parent. This should be part of your working situation. If it’s in writing, it is harder for one person to argue about the agreed arrangement. This should be done for even the smallest things if you know that there is potential for arguments later down the road. This is especially necessary for vacation time and scheduling, agreements regarding financial decisions, and paying for child’s needs. A majority of these things will be part of your child custody agreement, but anything that comes up out side of that should also be agreed to in writing.

Vacation time and money issues are common post-divorce problems, says Peskin-Shepherd. “Parents can agree on how to pay for extracurricular activities, summer camps, boots and winter coats,” she says. “Have a mindset of cooperation to avoid problems. Likely the compromise your ex-spouse is asking of you today will be the one you need tomorrow.”

Set High Intentions

Keely Henry dealt with an ugly divorce. She did not want it to affect her son, Sullivan, 8. “I knew I could not let this ugly experience lead our lives,” she says. “I was going to have to communicate with my ex over the course of our son’s life. The only thing to do was set the ideal on a higher notion, above emotional distress.”

Because of that, Henry and her ex decided to celebrate holidays and birthdays with Sully together, which means including Henry’s new life partner and her ex’s partner, the woman that her husband left her for. “We all collaborate on my son’s parenting, with his dad and I as the final sayers,” she says. “It really is simple. Set the goal for the higher, not the lower.”

Let Go of Wanting Control

Even thirteen years after their divorce, Jodi Rubin and her ex-husband disagree about the same things they did not agree about when they were married. But they’ve been able to reach a place of mutual respect that allows them to co-parent their three children, Jordan, 19, Paige, 15, and Ethan, 13.

“It’s not about you,” says Rubin. “Instead of worrying about each other, worry about the kids. It’s a parent’s job to turn their children into productive and emotionally healthy adults, and you can’t do that if you’re focused on each other.”

Silence your Support System

Your friends and family will want to defend you, but there’s nothing helpful about your mother sending your ex a nasty email. The support system should remain impartial, and if they’re not, you need to intervene.

“There were times I had to check my mom as she ranted and raved about what went down,” Henry says. “Or girlfriends – awesome friends who had not been married or had children – not understanding how I could handle some of the things the way I did. There were moments I could hardly do anything but scream and cry – and I did, but on my own watch. There will be tough times. You can get something positive from them.”

Keep Your Ego in Check

It goes without saying that you’re going to doubt your parenting ability and fear that your children will want to be with the other parent. But you have to resist the urge.

“It’s easy to see your ex-spouse as a threat,” says Tucker. “Remind yourself that your ex is also your children’s parent and would also step in front of a bus for them. Trust that they also have your children’s best interests at heart.”

Says Braunstein-Cohen, “Be totally honest with yourself. Everyone has ego involved; they want their child to know they were not at fault, that they are a better parent. Let it go and really think about what makes your kids happy.

“Obviously you don’t agree or sometimes even like each other very much – that’s why you got divorced,” she adds. “Get over it.”

Divorce Law LA

For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

 

 

Categories
Collaborative Law Divorce Family Law

Another Option with Divorce

When people think of divorce, it’s not uncommon for those thoughts to be filled with anxiety, fear of potential bickering and ill will, and fear of lawyers who will drag things out and create hostility between you as a couple. But divorce doesn’t have to be a traumatic process when you follow the process associated with a collaborative divorce.

Another Option with Divorce: Collaborative Divorce

Collaborative divorce approaches the divorce process from a different place – a place where you can avoid the court system while putting negotiations and decisions into the hands of the spouses. By utilizing specially trained professionals, opuses are able to come to a decision together.

Collaborative Divorce v. Mediation

Collaborative divorce should not be confused with mediation. In mediation, a couple works with one neutral party. But in collaborative divorce, each spouse has their own team of professionals – including their own attorney, financial advisors, etc. Both spouses and their respective teams meet to identify issues and create solutions.  The time it takes to work through the process is heavily dependent on the issues that need to be worked out. The International Academy of Collaborative Professionals did a survey on the duration of the process and found 58 percent of collaborative divorce cases were completed in less than nine months.

Professionals

The types of professionals you will need for your collaborative divorce team will vary based on the specifics of your divorce. Professionals may include:

  • financial neutrals
  • child specialists
  • mental health professionals
  • business valuators
  • real estate evaluators

This team can help you emerge with a solid footing following your divorce. “You can tell who’s gone through the collaborative process vs. litigation,” said Amy Wolff, a specialist in the financial issues associated with divorce. “The clients who have used the collaborative option emerge from the process more ready to focus; they can bounce back more quickly.” Approaching divorce with the mindset of it being “collaborative” can help ease the tensions surrounding the divorce process.

Move Forward

Moving forward after divorce means that every day you will need to purposefully carve out time progress and improve . It’s so easy for life to get sucked into the vacuum of a busy schedule. As Professor Harold Hill once said: “You pile up enough tomorrows, and you’ll find you are left with nothing but a lot of empty yesterdays.”

Get Out of Survival Mode

Following your divorce you might find your life is filled with the nonessential and trivial. Do you check your ex-spouse’s Facebook every day to see if he or she is dating someone new? Do you obsess and get frustrated with every communication that comes from your ex? Are you resentful? How are you channeling all these new feelings? Are you just trying to survive?

It’s time to take your life back into your own hands.

It’s not uncommon to realize that you were living your life on someone else’s terms. But everything is in your hands now. With a lot of work and strong intention you can design your future. You have to realize you are responsible and you must decide to make a change. Here are some first steps to making that giant leap into your new life:

  • Wake up
  • Get yourself in the zone
  • Get yourself moving
  • Eat well
  • Get ready and inspired
  • Get perspective
  • Do something that will move you forward

Get Enough Sleep

Despite the fact that sleep is just as important for life as eating and drinking water, millions of people do not get enough sleep.

According to the National Sleep Foundation (NSF) 40 million Americans suffer from over 70 different sleep disorders. Additionally, 60 percent of adults and 69 percent of children have one or more sleep problems at least a few nights during a week.

It makes sense then that more than 40 percent of adults experience daytime sleepiness that is severe enough to interfere with daily activities at least a few days every month.

Getting the right amount of sleep can help you have a longer life, increased creativity, memory, attention, and focus. It can help to lower stress and your risk for depression.

Bottom line: you need your beauty sleep.

Find Clarity and Abundance

You need to focus on moving forward toward the positive things in your life. What you set your focus on expands. After waking up from a restful night’s sleep, prayer and meditation can help you orient yourself toward the positive.

Focus on what you are grateful for. This could be the fact that you are out of a relationship and marriage that did not serve you. Maybe you’re just grateful for the fact the sun is shining. There are limitless opportunities and possibilities for you. That air of gratefulness will only draw more positive and good to you.

Start every morning by getting yourself into a space of gratitude and clarity.

Get Some Physical Activity

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By now you know you need to get your exercise. Still, according to the Center for Disease Control’s National Health Interview Survey, only one-third of American men and women between the ages of 25 to 64 engage in regular physical activity.

Regular exercise is can decrease your chance of depression, anxiety, and stress. It’s also been linked to higher success in people’s careers. Any form of exercise works: the gym, yard work, cleaning. Just get your body moving and every aspect of your life will thrive.

Eat/Drink 30 Grams of Protein

Eating protein first thing decreases cravings for white carbohydrates (the type of carbs that can make you fat. Donald Layman, professor emeritus of nutrition at the University of Illinois, recommends eating or drinking at least 30 grams of protein for breakfast. In The 4-Hour Body by Tim Ferriss, he recommends getting 30 grams of protein 30 minutes after waking up.

Food rich in protein will help you feel fuller for longer because they take longer for the body to digest. Protein also keeps blood-sugar levels steady, and thus prevents hunger spikes.

According to Ferriss, eat at least 40% of your breakfast calories as protein: two to three whole eggs, turkey bacon, organic pork bacon or sausage, or cottage cheese. You can also do a protein shake made with water. If you follow a vegetarian or vegan diet you can eat legumes, greens, nuts, and seeds.

Take A Cold Shower

Every morning motivational speaker and life coach Tony Robbins jumps into a 57-degree Fahrenheit swimming pool.

Cold water immersion has been shown to radically facilitate physical and mental wellness with regular practice. It not only changes your body’s immune, lymphatic, circulatory and digestive systems, but it can also increase weight-loss because it boosts your metabolism.

A study done in 2007 found that cold water triggers mood-boosting neurochemicals that make people feel happier. The study concluded that because of this, taking cold showers routinely can help treat depression symptoms. Often, cold showers are more effective than prescription medications.

Sure, none of us wants to step into a cold shower, but try to think of it like getting into a swimming pool. The first 20 seconds feels terrible, but once you’ve done it, it’s fine.

Those who do this report feeling an increase in willpower, creativity, motivation, and inspiration.

Do You Have a Life Vision? 

If you haven’t written down your short and long-term goals, you should. Just reviewing them a few minutes a day can put your day into perspective. Chances are some things have changed after your divorce. Take some time to re-focus your energy on what you really want to accomplish.

Reading your long-term goals every day will make sure you think about them every day. As you spend your days working towards your goals, they’ll manifest.

There’s a science to achieving goals, which removes the confusion and ambiguity of them. If you stick to a pattern, you can accomplish your goals, regardless of if they are large or small.

Write them down and review them every single day.

Moving Forward

A divorce can shatter your life if you let it. So don’t let it.

Every day you can move forward with these steps. Put a plan in place to succeed. Every step on that plan brings you closer to your dreams. Maybe that means finally having a day where you don’t feel guilty or sad about your divorce. Maybe it’s a day of less resentment. Maybe it’s a day where you focus on getting healthy by preparing a good meal for yourself.

Making small steps every day like the ones outlined above will change your life. And as a result, the universe will respond to you in beautiful ways.

Working with a Family Law Attorney

Whatever your reason is for divorce, you should consider working with a family law attorney. They will be able to advise you on any number of issues, including: child support, spousal support, marital property division, child visitation, etc… A lawyer from the expert law firm of Divorce Law LA will be able to guide you through the divorce process. The Divorce & Family Law Offices of Divorce Law LA will provide you with the highest level of expertise and professionalism from our skilled attorneys. Our Divorce and Family Law Practice spans a wide spectrum of areas that include: divorce, high net-worth divorce, marital property division, child custody and visitation, and child support.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Collaborative Law Divorce Family Law Mediation

Divorce Rates: Higher-Income and Lower-Income Families

According to a 2014 study conducted by the Pew Research Center, 80 percent of never-married women said “finding someone with a steady job would be very important.” The idea of “steady job” could be defining factor in the difference between the divorce rates of higher-income families and lower-income families.

Divorce Rates

Divorce rates among lower-income families remain stagnant, roughly where they were in the 1980’s, while new research shows higher-income families are seeing a decline in divorce rates. For higher-income families, the phrase “half of every marriage ends in divorce” is no longer true. In fact, the divorce rate has been dropping. In a piece posted on Upshot, the New York Times’ data blog, the divorce rates seen in the late 1970s and early 1980s may have just been a “historical anomaly,” rather than a trend.

 

Divorce Rate Statistics

Below, are a few statistics noted in the Upshot blog:

  • Roughly 70 percent of marriages that began in the 1990s reached 15 years. That’s up from only 65 percent for marriages that began in the 1970s and 1980s. Couples wed in the 2000s are divorcing at even lower rates.
  • According to economists Betsey Stevenson and Justin Wolfer, the 1970s feminist movement had a considerable impact on where the divorce rate is now. During the movement women entered the work force and gained reproductive rights. As a result, marriages began to evolve into the “modern-day form, based on love and shared passions, and often two incomes and shared housekeeping duties.”
  • There are more mature marriages now as people are marrying later on in life. The median age for marriage during the 1950s was 23 for men and 20 for women. In 2004, it increased to 27 for men and 26 for women.
  • According to Wolfers, if the numbers continue to decrease, roughly two-thirds of marriages will never end in divorce. That’s a giant change from the 50 percent statistic that’s often thrown around.

When it comes to comparing higher-income divorce rates to lower-income divorce rates:

  •  The number of married, college-educated couples that split by their seventh anniversary was 20 percent in the 1980s and is now just 11 percent.
  • Meanwhile,  17 percent of lower-income couples ( in the study this was couples making no more than twice the federal poverty line of just over $30,000) get divorced at roughly the same rate as the 1980’s: 20 percent.

Similar Ideas Regarding Children

But it might not just be the idea of having a steady income that’s impacting divorce rates among lower-income families. It might be more of a shift towards the idea of having a more equal division of domestic life. The Pew Research study found 70 percent of women also want to find a mate that has similar ideas about having and raising children. A 2007 poll conducted by the Pew Research Center found couples want a more even distribution of responsibilities.

This idea of equal responsibilities: the idea of both parents bringing in an income, sharing time with the family, being equal contributors has become a defining feature of a good marriage. According to the poll, it outranks having an adequate income, sharing religious beliefs, or even having children.

50-50 Marriage

Motorists and Cyclists

“What we have is historically high expectations for what young people call a 50-50 marriage,” says Bill Doherty, a professor of family social science at the University of Minnesota.

“People are looking for a high-intimacy, high-income marriage where both partners contribute, regardless of income bracket,” he continued. “Unless you have a good economic base and a certain level of personal maturity, it can be very hard.”

According to The Washington Post‘s Darlena Cunha, this trend towards wanting a 50-50 marriage has it’s downfall for families that night not be able to achieve that standard. Lower-income families, who are struggling economically, are having a harder time managing this kind of ideal marriage belief. And as a result, more lower-income marriages are leading to divorce.

The differing divorce rates between lower-income families and higher-income families is something researchers have been trying to comprehend for years. It can be especially difficult to see a link when studies over the years show that lower-income families value marriage just as other demographics.

“A lot of government policy is based on the assumption that low-income people hold less traditional views about marriage,” says researcher and UCLA professor of psychology, Benjamin Karney. “However, the different income groups do not hold dramatically different views about marriage and divorce — and when the views are different, they are different in the opposite direction from what is commonly assumed.”

According to The New York Times‘ Stephanie Coontz, “Since the 1970s, families have become more egalitarian in their internal relationships. But inequality among families has soared,”she wrote. “Women have become more secure as their real wages and legal rights have increased. But families have become more insecure as their income and job instability have worsened.”

While parents have grown more equal in their internal roles, “rising inequality has changed family dynamics for all socioeconomic groups.”

Women Making Leaps

According to Cunha, women seem to have exited the recession better than men. Following the recession, unemployment levels dropped from historic highs. But this was more so for woman than men. In summer 2013, roughly 7.5 percent of men over age 20 were unemployed. That number was only 6.5 percent for women, according to the Bureau of Labor Statistics. That, coupled with the ever-increasingly polarized workforce, where high and low income jobs are increasing and middle-income jobs decreasing, has caused women to make even greater leaps. As a result, it seems women are becoming increasingly impatient with the economic stagnation of their male counterparts and family members.

“I realized that since I was the only reliable person in the family making money,” said Cece Azadi of Alabama. “there wasn’t much reason to hold onto that marriage.

Seeking Alimony

It makes sense that women and men are both striving for 50-50 marriages. If you do not feel that is attainable for your marriage and are seeking  divorce, you’ll want to understand the idea of alimony, regardless of if you will need to pay alimony or receive alimony.

Alimony, often called “spousal support” is when one spouse pays the other spouse in order to help that spouse maintain the same financial standard of living as was experienced during the marriage. A divorce court will often require the higher earning spouse to assist the lower earning spouse.

Awarding Alimony

A California judge can award temporary support (“pendente lite”) either during the divorce proceedings, or after the divorce has been finalized.  Alimony payments are made from one spouse to the other in a specified amount for a predetermined period of time. A support payment can also be paid in a single lump-sum. In collaborative process divorce agreements, spouses often come to agreement on the terms and conditions of support payments, which often includes tax agreements and child support tax agreements. As long as an alimony agreement meets legal requirements, a court will uphold an agreement. This is the case even if the divorce agreement provides for a complete waiver of support to the lower-earning spouse.

Duration of Spousal Support

In California, the duration of spousal support agreements are typically determined and based on the length of the marriage. A general rule of thumb is that for a marriage of less than 10 years, a court will not order support payments be made for longer than half the length of the marriage. But if a marriage has lasted 10 years or longer, a court typically will not set a definite termination date for support. Both spouses are able to request modifications to the spousal support agreement indefinitely, unless a termination date has specifically been agreed, or if the court expressly terminates the support at a later hearing.

Awarding Permanent Support

The awarding of “permanent” (meaning the support lasts for a lifetime) is rare, even for marriages that last over 10 years. Family law courts in California tend to require a spouse seeking support to make an effort to become self-supporting through obtaining employment. A spouse making claims they are unable to work, or unable to become fully employed, is required to support the claim with evidence. This typically means a  vocational evaluation must be done. For long term support orders, the support gradually reduces over time by a nominal amount. Permanent support is usually only awarded to spouses that are unable to become self-supporting due to age or disability.

A Family Law Attorney

There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Divorce Family Law

College Tuition and Divorce

One of the hardest things for divorced parents is handling the child situation. From child custody to child support payments, these types of situations can be difficult. And the thing that makes it the most difficult? Money. That’s why it makes sense that it takes a lot of planning and careful decision making when it comes to divorced parents and the college tuition dilemma.

Navigating College Finances and Divorce

Financial aid is a big part of sending kids to college these days. Most parents aren’t able to just foot the bill out-right, so most families are stuck dealing with the dramatic situation that is financing college tuition. The drama of this situation can be compounded by a divorce. Divorced parents are often divorced for a reason, and that reason is usually irreconcilable differences.

Irreconcilable differences means you and your spouse are not able to agree on basic, fundamental issues involving the marriage or your family, and you never will agree. While there is no set rule, the following are reasons for why a couple might decide to file:

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  • Conflict of personalities
  • Emotional needs are not being met
  • The marriage is suffering from financial difficulties
  • Long physical separation
  • Difference in interests
  • Resentment
  • Distrust
  • Constant bickering
  • Irreversible antagonistic feelings

Chances are, if you are seeking divorce, or are divorced, there are a few things that you and your spouse do not see eye-to-eye on. That “thing” could very well be finances.

Finding Common Ground for College

One thing that divorced parents might be able to reach common ground on is their shared child’s education. Even if you and your spouse both agree to continued education, you’ll want to know what you’re getting into when it comes to finding a way to pay for that continued education.

Here are some helpful hints from Tiffany and Clem Clay, a couple going through navigating those waters:

1. There might be different meanings when it comes to “custody” and “parent.”

By now you are probably familiar with the Free Application for Federal Student Aid, better known as the FAFSA. That application asks for the custodial parent. According to Clem, that’s a loaded question.

“‘Custody’ is not the legal meaning, not the tax meaning,” he explains. “If I am determined the custodial parent, my ex might get upset and say ‘What do you mean I am not custodial?!’ They should use a different word.”

When filling out the FAFSA, you should know that “custody” is determined by which parent the student has lived with the most during the past 365 days. For parents that have joint shared custody, there is a second test that you can take that establishes which household provided more of the financial support during the past year. According to Clem, “that guidance is very ambiguous,” says Clay.

Additionally, the form requests information for Parent 1, the custodial parent, and Parent 2.

“If I would have put my kid in front of that form they would have said, ‘Parent 2, that’s my dad, right?'” says Tiffany Clay. “No. Parent 2 is my husband!”

2. Provide enough financial information, 
but don’t overshare when it comes to listing all family members.

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One common mistake is when families with multiple households list everyone’s financial information: mom, dad, stepdad, and stepmom.

According to Scott Weingold, managing director of the College Planning Network, that can be a costly mistake.

“You may be over-reporting your income,” Weingold says. Listing everyone, even if it’s not required, can change your situation and make you appear as if you have more money than you actually do. “A family that could have gotten aid from a school may be getting nothing now because it looks like they have more money available than they do.”

Weingold advises that parents focus on providing information for just the custodial parent, which will include a step-parent’s information if the custodial parent has remarried. While the federal government does not require information on the non-custodial parent to be included, the FAFSA does ask about child support received by the custodial parent. For many private schools, a non-custodial parent will be asked to provide his or her financial information as well. While this affects the amount that a private school might award, it does not affect the amount of federal aid a child might receive.

“This does get confusing and tense for families,” according to Dave Myatt, senior associate director of financial aid at Augustana College. “We get phone calls challenging why we need the stepparent’s information on the form in the first place. But we need the household’s information, including both individuals.”

This can be even trickier for couples that are not remarried, but live with a significant other. The non-parent is not legally a step-parent, but of course his or her financial contributions make up the household income. “If the parent is living with someone who is paying rent or utilities, that needs to be listed on the FAFSA as other untaxed income.”

3. Determine how involved a “non-custodial parent” should be.

This was a difficult things for Naomi Elliott to deal with, and one that most divorced but co-parenting parents go through – she wanted to avoid contact with her ex-husband as much as possible. She is the custodial parent. This became such a bone of contention that Naomi and her son Simon decided that Simon would only apply to schools that would allow the financial aid and financial aid application to be based exclusively on the custodial parent.

Of course this was not only a financial decision for Naomi, but due to her relationship with her ex-husband, it also became an emotional one. Naomi was unsure that Simon’s father would provide Simon with tuition money. Naomi did her research though, and found a number of schools that were not only a good match for Simon, but also schools that would not require information from the non-custodial parent to be included.

“I couldn’t afford a penny of his education,” says Naomi. She works as a real estate agent in Massachusetts. “The divorce wiped me out. I knew that I needed a financial package that was significant and didn’t ask me or my son to take out loans.”

Simon was accepted to Vanderbilt, where is a sophomore. “The school awarded my son $54,000 a year, which is a load of money,” says Naomi. The tuition covers everything but some living expenses. The difference is $10,000, and that is paid for by Simon’s father.

4. Prepare for the hard conversations.

When adding divorce into the mix, tuition costs can be harder to predict. As Clem Clay says,  families may be overly optimistic about financial aid offers if they are not well informed. When it comes to timing, he suggests that parents have an idea of what they’re going to do and the complexities of the financial aid process by the summer or fall of the student’s senior year at the latest. Kids are often at the mercy of a parents’ willingness and ability to pay tuition. That can often be the main sticking point of the decision-making process.

“There is no requirement that the higher-earning spouse pays for college,” says Jeff Landers, a financial advisor. “That is a huge misconception many women have.”

When it comes to the divorce process, child support and funding for education is one of the main things that is discussed. It should be explicitly spelled out in the divorce agreement.  “Otherwise you may find that one partner will suddenly say, ‘I’m not paying it,'” says Landers.

 According to Tiffany Clay, “This isn’t just a numbers game. It is a whole emotional roller coaster caused by the numbers.”

A Family Law Attorney

When it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Collaborative Law Divorce Family Law Move Aways (Child Relocation)

Child Visitation Over the Summer

With the 4th of July and the summer just peeking ’round the corner, you might be facing the dilemma that comes with coordinating child visitation during the summer season.

Child Visitation Over the Summer

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There’s no reason why coordinating your child visitation schedule should add stress to the summer holiday season. There are some critical steps that need to be taken to ensure a stress-free custody situation. Before the season kicks off, reflect on which holiday is most important – whether it be Kwanza, Christmas, or Thanksgiving, 4th of July, or Easter. There will have to be some form of give-and-take, but if you can prioritize the holidays for yourself you might find you’re willing to negotiate a little easier. If both you and your co-parent value the same holiday the same amount, you should consider trading off the years. If you live close enough, and it’s not going to cause any drama, you might even want to split the day.

Get the Child Visitation Schedule in Writing Ahead of Time

Like most things with the holidays, managing a child visitation schedule closer to the actual holiday can add to the stress. Your child will also want to know where they are spending which holiday. Putting a plan in place far ahead of time, and putting it in writing will ensure that you aren’t deciding, or negotiating, on child visitation right up until the day before. Keep a record of the schedule, especially if you are trading off years for holidays. Having a plan in writing makes it impossible to forget how the holidays were split up the year prior. That way you can put your energy into actually celebrating the holiday, rather than stressing about who will be where.

Child Visitation

Often times, as part of a child custody ruling, a court will rule one parent has “supervised child visitation” rights. Here’s a little more information on what it means for visitation to be “supervised.”

Why “Supervised Child Visitation”?

California’s public policy on child custody is to protect the best interest of a child. And sometimes, based on what has been presented in court, a judge will rule the child only have contact with a parent when a neutral third party is present. Thus, the visitation rights are “supervised.” Reasons Behind Ruling

A judge may rule for supervised visitation for many reasons, such as:

  • To allow the visiting parent an opportunity to address specific issues;
  • In the case of reintroducing a parent and child after a long absence;
  • In the case of introducing a parent to a child;
  • A parent has a history of domestic violence, child abuse and neglect, or substance abuse;
  • When there are concerns of mental illness; or
  • If there is a parental threat of abduction.

A court will order specific times and durations for the visits. The court might also specify who will provide the supervision during these visits.

Supervised Child Visitation Providers

A supervised visitation provider’s main responsibility is to keep the child or children safe during the visit. The provider might be a family member, a friend, or a paid professional. A provider must be present at all times during the visit. Additionally, they are required to listen to what is being said, while paying close attention to the child’s or children’s behavior. If the provider deems it necessary, they may interrupt or end a visit. And legally, all providers must report suspected child abuse.

Types of providers

According to law, there are 2 types of supervised visitation providers:

  • Nonprofessional providers – usually family or friend who is not paid to provide their supervision
  • Professional providers – trained and experienced with providing supervision. They charge a fee for the service and are also required to follow a uniform standards of practice.

The court order will declare which type of provider you will be required to have during these visits.

Reasons for Ruling for Supervision

A judge may decide on supervised visitation for many reasons. These can include, but are not limited to the following:

  • A visiting parent might need an opportunity to address a specific issue.
  • When a parent and child are reintroduced after a long period of absence.
  • When a parent is first being introduced to a child
  • When a parent has a history of domestic violence, child abuse, and neglect, or substance abuse.
  • When concerns about mental illness have been expressed
  • When there is a potential abduction threat.

In addition to a “supervised” ruling, the court will also order specific times and durations for the meetings. The court will also specify what type of supervision will be required during the visits: either professional or non-professional.

Professional and Non-Professional Supervision

There are two types of supervision: professional and non-professional. Non-professional providers are usually family members or friends. A professional provider is trained and experienced in child visitation visits. For a fee or service, they attend the visits. They also follow a standard uniform of practice.

A provider’s main purpose for attendance is to keep the child or children safe during the visit. They must not only be present the entire time, but are also required to listen to what is being said, while also closely monitoring the child’s or children’s behavior. If the supervisor deems it necessary, they are able to interrupt or end a visit. They are required by law to report suspected child abuse.

Co-Parenting

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Though co-parenting can be difficult, it’s always advised that parents try to work out a co-parenting relationship. Co-parenting is a crucial part of your child’s life. You will not be able to raise a child successfully if you do not get a handle on this. No child wants to see their parents fighting, or feel as if they are being tugged between two sides of a war.

You might need to consult a therapist or lawyer to get some groundwork laid for this new relationship. Bottom line: just try to be adults. You might have to dig deep to find that “adult” in there, and you might not want to, but you have to, for your child’s sake. Find an approach that will work for you (for the both of you) and then start from that point.

Kids Interests First

Putting your child’s best interests above your own are the only way to build a successful co-parenting situation while creating an amicable relationship with your ex. You two don’t need to be best friends that talk a million times a day. You just need to find a way to make this work, kind of like being assigned to a lab partner in high school that you just couldn’t stand. You had to work together to get through the assignment and to get the A+ grade that you wanted. If you could make that work in high school, you can make this relationship work as an adult.

This can be done in a number of ways:

  • Work out a method of communication. This can be done through email or text. Being able to write it down helps to create a “paper trail” should there be disputes. But this is also a great way to just remove the emotions and stick to the fact.
  • Remove the emotion during interaction – either in person or via communication
  • Schedule it out. This means weekly routines as well as vacation and other important events.
  • Be flexible
  • Commit to being cooperative. This might be a stretch, but you will need to cooperate.

This is not always an easy process, but once you have these basic things under your belt, it will be easier.

Working with a Family Law Attorney

If you’re having trouble working with your co-parent on putting together a child visitation schedule, you might want to consider working with a family law attorney that works with child custody issues. Having a go-between can help ease any tension surrounding negotiations, especially when the negotiations revolve around important family moments like the holiday season.

For advice on child visitation, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co